La Mesa Community Ditch v. Appelzoeller

Citations

• 19 N.M. 75
• 140 P. 1051

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. No remedy is provided for the collection of assessments levied by acequia commissioners-, under the provisions of paragraph 11 of the Compiled Laws of 1897, as amended by Sec. 1, Chap. 44, S. L. 1903, except the deprivation of the delinquent party of the right to the use of water until payment is made, and the community officers are necessarily confined to the remedy given.</p> <p>P. 81</p> <p>2. Where a party is in default, in the payment of such an assessment, and has been notified not to take and use water until such assessment is paid, and such delinquent consumer, in violation of such order, takes and uses water, he is guilty of a misdemeanor. It is no defense, in a prosecution for such misdemeanor, to allege and prove that the assessment so levied and not paid by the water user, is excessive.</p> <p>P. 82</p> <p>3. In an action for injunction it is essential that the complaint disclose facts in order to enable tbe court to determine from the facts so alleged the necessity of awarding the •extraordinary remedy of injunction. The naked allegation, that great and immediate irreparable damage will result to the plaintiff, unsupported by any facts, is not sufficient. The complaint must, show how, in-what way, and for what reason the- threatened damages- are irreparable.</p> <p>P. 82</p> <p>4. The unlawful diversion of water from a community acequia, or the naked trespass, unaccompanied with great or irreparable damage or mischief, will not warrant equitable relief, as the statute affords an ample remedy.</p> <p>P. 82</p> <p>5. Equity will not interfere to prevent the commission of a crime. It will, however, intervene 'to protect property and property rights from irreparable injury, even though the acts ■sought to be enjoined are criminal acts. But the court will not award equitable reljef, merely because the acts complained of constitute a violation of a criminal statute</p> <p>P. 84</p> <p>6. When the complaint fails to state a